WEBSITE USE, TRADING TERMS, AND CONDITIONS OF SALE

1. Scope

These terms and conditions (‘Terms and Conditions’) govern the terms under which users of this site (hereinafter referred to as ‘Users’) are granted access to this site and the contractual relationship between Keating Q sports Pty. Ltd. (herein referred to as the ‘Vendor’) and its customers (hereinafter referred to as the ‘Purchaser’).

The Vendor reserves the right to change these Terms and Conditions without prior written notice at any time at the Vendor's sole discretion. The version of the Terms and Conditions as posted at this website at the time the contract is entered into will remain in force for the duration of the contract.

2. Ability to Accept these Terms and Conditions

You attest that you are either over 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties as set forth in these Terms and Conditions.

3. Acceptance

By using and/or visiting this website or by ordering products from the Vendor and / or by accepting delivery of the products described on the invoice you signify your assent to these Terms and Conditions. If you do not agree to any of these Terms and Conditions, then please do not continue to use this website.

4. General

These Terms and Conditions apply to the use of this website and to the sale of items included in the current issue of our price list, to items currently advertised for sale by us, or where a quotation is made they shall form part of that quotation. No variation or cancellation of any of these Terms and Conditions shall be binding on us unless assented to us by writing.

5. Precedence

In the event of conflict between these Terms and Conditions and those which may be included in or implied in, or implied by, any document forming part of any enquiry, specification, order or contract, then these Terms and Conditions shall prevail except in as far as they are expressly varied by us in writing or otherwise by law.

6. Indemnity

You agree to defend, indemnify and hold harmless the Vendor, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:

7. Privacy

Our Privacy Policy posted elsewhere at this site (here) forms part of, and is incorporated herein within these Terms and Conditions.

8. Links to third party websites

This website provides links to, or frames web sites of third parties (‘external sites’) for your convenience. Unless expressly indicated, links to, or framing of external sites should not be construed as any endorsement, approval, recommendation or preference by the Vendor of the owners or operators of the external sites, or for any information, products or services referred to on those external websites. The Vendor makes no warranties and accepts no liability in relation to material contained on external sites.

9. Intellectual property

The content on this website including but not limited to the text, software, scripts, graphics, photos, sounds, videos, interactive features and the like (‘Content’) and the trademarks, service marks and logos contained therein owned by the Vendor are protected by copyright and other intellectual property rights. Content on the Website is provided to you as-is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Vendor. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.

10. Prices and Currency

Prices, including shipping and handling charges if applicable, quoted, in any currency, either at this website or by other written quotation are based upon the quantities and shipping and delivery terms referred to in the quotation. Prices may include fees and charges such as freight, duty, tax and insurance if stipulated in the quotation. Where prices are advertised in a currency other than Australian dollars we reserve the right to convert the price to Australian dollars at a rate determined by our bankers at the time of settlement of payment. Should there be any variation in the total quantity of goods ordered from that quoted, we reserve the right to amend the price quoted in accordance with our current commercial price/quantity schedule.

11. Sales tax, Government Imposts and other associated purchase costs

Unless otherwise stipulated in writing by us the prices quoted are exclusive of Sales Tax or other Government imposts such as VAT, Import duties or Customs costs and any such or other charges associated with the purchase of goods or services from us are the Purchaser’s sole responsibility. International purchasers may become liable for additional costs as the product enters their country or state. Orders dispatched to an Australian destination include GST and are accompanied by a GST invoice.

12. Product Warranty

The warranty terms and conditions as posted elsewhere at this site (here) form part of, and are herein incorporated within these Terms and Conditions.

13. Goods returned for credit

• No claim in relation to damaged goods will be considered unless notified in writing within seven days of delivery.
• No goods will be accepted for credit after 45 days from the date of original invoice.
• Non standard and Non-stock items will not be accepted for credit.
• The Vendor reserves the right to charge a restocking fee on goods accepted for credit.
• In all cases original invoices or delivery docket must be quoted and return freight must be prepaid by the Purchaser.
• Goods returned for credit must be in original pack and in a completely resalable condition.
• 30-day satisfaction guarantee terms and conditions as posted elsewhere at this site (here) form part of, and are herein incorporated within these Terms and Conditions.

14. Liability of Vendor

Save as provided in the section headed "Warranty" above, we shall not be under any contract, tort, or otherwise; and whether or not resulting from our negligence, or that of our employees, in respect of your use of this website, your use of products purchased from us, defects in products delivered, or for any damage or loss resulting from such use of this website, use of the products, or defects. We shall not be under any liability for damage, loss, or expense resulting from failure to give advice or information, or the giving of incorrect advice or information, whether or not due to our negligence, or that of our employees. In no event, shall breach of contract on our part, or tort, (including negligence), or failure of any kind on our part, or that of our employees, give rise to any liability for loss of revenue, or any consequential loss or damage arising from any cause whatsoever. In no event shall the vendor's combined total liability to the purchaser for all damages, losses and causes of action - whether in contract or tort, including but not limited to negligence - exceed the amount paid for the products purchased from the Vendor.

15. Validity of commercial quotations

Quotations for the supply of products or services are prior to receipt of acceptance, subject to change or withdrawal at any time by us in writing. Unless otherwise advised by us in writing the quotation shall not be valid after 30 days from date thereof.

16. Acceptance of commercial quotations

Written quotations are not to be construed as an obligation to sell and we reserve the right, at our option to accept or reject any orders received.

17. Extent of commercial quotations

Quotations include only such goods and / or services as are specified therein. Goods offered ex stock are subject to prior sale and delivery time quoted is an estimate only.

18. Variation to commercial orders

An order may be varied only if such variation is accepted by us in writing and any variation or cancellation by you (whether or not it has been agreed to by us) may only occur on terms which will provide for us to be indemnified by you against loss or damage.

19. Product Information

All descriptive specifications, illustrations, drawings, dimensions and weights furnished by us or otherwise contained in our catalogue, price lists and other advertising matter are approximate only and are intended to be by way of general description of the goods and shall not form part of the contract unless certified by us in writing, in which case they shall be subject to recognized tolerances.

20. Product Packaging

Unless stated otherwise in the quotation the price quoted includes packing in accordance with our standard practice. Any other packing requested by you or deemed necessary by us will be charged for in addition to the price quoted.

21. Shipping and Delivery – Private orders

Private-use purchase shipping terms as outlined at this website under ‘Shipping and Delivery’ form part of, and are herein incorporated within these Terms and Conditions.

22. Shipping and Delivery - Commercial orders

Commercial deliveries including prices, specific terms if applicable, shipping method, handling costs and delivery schedules are subject to prior agreement between the Vendor and the Purchaser.

Any delivery or completion date or times stated are estimates only and we shall not be held liable for any consequences whatsoever for any delay to such times. Where applicable delivery will be made in accordance with a written delivery schedule mutually agreed with you at the time of placing the order. Unless amendments to the delivery schedule are given by you in sufficient time to alter the production program and such amendments have been agreed to by us in writing, we reserve the right to continue to deliver according to schedule. If you are unable to accept deliveries on site, where stipulated, we further reserve the right to deliver to your store. In such event, delivery to store will be deemed delivery on site and payment will be due accordingly. Where we are requested to provide storage, insurance and/or delivery to site, this will be arranged on your behalf and to your account. All charges relating to storage, insurance and subsequent delivery to the site will be directly to your account. Where prices have been quoted "F.I.S", delivery is to ground floor level. In the event of any happening in consequence of which we cannot effect delivery by the agreed time, we shall be entitled to suspend delivery or extend the delivery time of the goods for the period during which such causes of delay operates, and in the event of such suspension of extension, we shall not be liable for any damages whatsoever. We reserve the right to refuse to deliver any goods under this contract if you have any monies outstanding beyond the date due for payment on any account with us.

23. Storage

If delivery is delayed for any reason beyond our reasonable control for a period of 14 days after the date on which you are notified that the contract goods or any completed items forming part thereof are ready for delivery, the risk of such goods shall forthwith pass to you and we shall be entitled to present invoices to you for payment. We may at our option arrange suitable storage of such goods at our premises or elsewhere and all costs of or incidental to such storage shall be borne by you. You shall, on demand, pay to us all costs of storage, insurance, demurrage, handling and other charges incidental to such storage.

24. Damage or Loss in Transit

Where carriage is our responsibility we shall repair or at our option replace free of charge contract goods lost or damaged in transit to the contractual point of delivery provided we are given written notice of such loss or damage within three business days of delivery or expected delivery, or within such times as will enable us to comply with the carrier's conditions of carriage as affecting loss or damage in transit. In all cases, damaged goods must be returned to the point of dispatch freight pre-paid.

25. Terms of Payment

Unless stated otherwise in the quotation or agreed in writing, all prices quoted are strictly net with payment in full in advance of dispatch. We reserve the right to deliver and invoice any item or items comprising the whole or part of any order or to proceed in accordance with Clause 22 hereof prior to any delivery time quoted by us. The extension of credit shall be at our absolute discretion. Should you delay in respect of any payment due to us then we shall have the right in addition to all other rights to which we are entitled at law to charge interest on the overdue amount at such rate plus 5% as shall be charged to us by our bankers or overdraft accommodation and calculated from the date of invoice to the actual date of full and final payment. Payment will be credited first against interest accrued.

26. Retention of Property

• Property in any items or materials ("Products") delivered by the Vendor to the Purchaser will remain with the Vendor and will not pass to the Purchaser until the Vendor has been paid in full for the Products and until all cheques and other negotiable instruments, if any, have been cleared or until the Vendor makes a demand, in writing, pursuant to 25. above. Until such time the Vendor has the right to call for or recover the Product and, for this purpose, the Vendor, its employees or its agents, may enter the Purchaser’s premises or any other place where that Product may be stored and the Purchaser, when called upon so to do, is under an obligation to deliver up the Product to the Vendor.
• The Products will be at the sole risk of the Purchaser upon and after delivery of the Products to the Purchaser.
• If the Vendor has not been paid in full for a Product, then until disposed of by the Purchaser in accordance with the condition below, the Purchaser must store the Product in a manner that clearly shows property in the Product belongs to the Vendor and the Purchaser will hold the Product in a fiduciary capacity as bailee.
• The Purchaser may sell and deliver the Products in the ordinary course of business provided that the Purchaser keeps records of the sale of those Products and the Purchaser must account to the Vendor for the Vendor’s interests in the proceeds of the sale.

27. Debt collection

Any expenses, costs or disbursements incurred by the Vendor in recovering any outstanding monies including debt collection agency fees and solicitors costs shall be paid by the Purchaser, providing that those fees do not exceed the scale charges as charged by that debt collection agency / solicitor and in any event the commission is not to exceed 20% of the debt value, plus out of pocket expenses.

28. Force Majeure

If the Vendor is hindered or prevented from performing any contract, owing to any cause beyond the reasonable control of the Vendor or by its inability to procure services, materials or articles required for the performance of the contract, except at enhanced prices, the Vendor may at its sole option, delay the performance of, or cancel the whole or any part of the contract; and the Vendor shall not be held responsible for such delay or cancellation, or any inability to deliver.

29. Legal Construction

Except as may be otherwise agreed by the Vendor the contract shall be governed by the laws of the State of Western Australia.

30. Determination of Contract

If you breach any of these Terms and Conditions or other parts of the contract, or if any execution shall be levied on your property or if you shall make or offer to make any arrangement or composition with creditors or commit any act of Bankruptcy or proceedings in Bankruptcy are commenced against you, or if a receiver of the corporation is appointed, we shall have the right forthwith to determine the contract without prejudice to any claim or right which we may otherwise make or exercise.

31. Insolvency

If you become insolvent or bankrupt then we may terminate the contract without prejudice to any other rights we may have. "Bankruptcy" shall include winding up of a corporation, placement under official management, appointment of a Receiver or Manager, filing or having filed against you a petition in Bankruptcy, service against you of a Bankruptcy notice, or execution of a Deed of Assignment or Deed of Arrangement.